The Senate Wednesday resolved to appeal judgement issued from Federal High Court Umuahia last week Friday against section 84(12) of the 2022 Electoral Act.
Justice Evelyn Anyadike who gave the ruling held that the Section of the Act was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.
Consequently, the court ordered the Attorney General of the Federation to “forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act.”
But the Senate on the strength of a motion sponsored by Senator George Sekibo ( PDP Rivers East) and 80 other Senators , faulted the ruling and resolved to file appeal against it.
The resolution of the Senate reads, “Senate accordingly resolved to appeal the judgement in suit marked FHC/UM/ CS/26/2022 for the court to set aside the judgement as it was reached without due consideration of the constitutional interpretation in section 318 of the 1999 Constitution as amended”.
Sekibo as main sponsor of the motion had in his lead debate, said section 84(12) nullified by the court states ” no political appointee at any level shall be voting delegate or be voted for at the convention or Congress of any political party for the purpose of nomination of candidates for any election “
He argued further that political appointees provision of Section 84(12) of the Electoral Act referred to ,, are neither civil servants or public servants captured by relevant provisions of the Constitution in the 30 days grace of resignation before election.
The section he explained, was not inconsistent with sections 66(1) (f) , 107(1)(f) , 137(1)(g) and 182(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria as amended.
The deputy Whip of the Senate, Senator Aliyu Sabi Abdullahi (APC Niger North), seconded the motion.
But the Senate President in a move to water down the prayer on appeal , suggested that the matter should be forwarded to the Senate Committee on Judiciary , Human Rights and Legal Matters.
Senator Gabriel Suswam ( PDP Benue North East ), however countered by saying ” since the prayer on appeal is a direct one , should be adopted by the Senate.
The Senate President thereafter put the prayer of the motion for voice votes with majority of the Senators voting for the need to appeal the Judgement.
However as observed from the list of Senators who co – sponsored the motion, none of the three Senators from Katsina State joined in the motion.
Other Senators whose names were not included in the list of co – sponsorship of the motion are the Deputy President of the Senate , Ovie Omo – Agege , the Senate Leader, Yahaya Abdullahi, the Whip, Orji Uzor Kalu, Senator Oluremi Tinubu from Lagos Central etc.
